Appeal No. 97-3990
Application 08/531,069
recesses formed on edge portions thereof as claimed. That is,
these elements are simply a plurality of plate-like members
(having openings 245 therein for accommodating the cutter
shaft) that are mounted on supporting shafts 246 in such a
manner that they are interleaved between the cutting discs.
In view of the foregoing, we will not sustain the
rejection of claim 9 under 35 U.S.C. § 103 as being
unpatentable over Curtis in view of Parker '259, Parker '352,
Parker '013 or Parker '972 and further in view of Broden.
Under the provisions of 37 CFR § 1.196(b) we make the
following new rejection.
Claim 9 is rejected under 35 U.S.C. § 112, second
paragraph, for failing to particularly point out and
distinctly claim the subject matter which the appellant
regards as the invention. This claim sets forth "a top-
pressing member and a bottom-receiving member" and "a wave-
forming guide" as though they were two separate elements when
in fact they are at least partially the same. Note in
particular the preliminary amendment filed on September 20,
8
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